DDTC Issues Guidance on Submission of DSP-85 Applications

The following are details of DDTC's supplemental guidance.

DSP-85 Used for Export or Import of Classified Defense Articles, Tech Data

DSP-85s are for transactions involving classified defense articles and technical data. DSP-85s have an option for all export and import transactions -- permanent export, temporary export and temporary import -- as requested in Block 3 of the form. Only one type of transaction can be requested per form.

Facility Security Code Required for Entity Access to Defense Articles

For each entry which requires the identification of an entity on the DSP-85 application -- domestic or foreign -- the Facility Security Clearance Code (FSC) or foreign country equivalent must be provided if that entity will have access, title, custody or control of the defense articles. This information is not required for foreign governments but must be provided for non-government entities.

If an entity has applied for, but not yet received a FSC, the phrase “Application Pending” may be entered. However the applicant must notify the assigned Licensing Officer of the code information once received. If the information is not received when the application is ready for final review it will be considered for Return Without Action.

If the FSC is not identified for a required entity, a letter of explanation must be provided by the applicant requesting an exception.

Defense Security Service for Each Entity Required Under DSP-85 Block 22

Block 22 requires the identification of the cognizant Defense Security Service (DSS) office for all U.S. entities identified on the license application. If multiple U.S. entities are identified, each DSS entry should identify which U.S. entity it relates to. Embassies are not covered by a specific DSS office so the information entered may be the cognizant U.S. military service for the subject defense articles.

Destination Country Required Under Block 4 (Block 5 for Temp Imports)

Block 4 requires the applicant to identify the country of ultimate destination (permanent export) or temporary sojourn (temporary export). For the permanent export of defense articles, only one country can be identified. For temporary exports, multiple countries can be identified. The country(ies) identified in Block 4 must match the information provided in Block 17 (name and address of foreign end-user).

Block 5 relates to temporary import applications only and requires the applicant to identify the country from which the subject defense articles have been imported.

The country to which the subject defense articles will be shipped or returned must be identified in Block 4 as the country of final destination.

Classification of Defense Articles Required Under Block 12

Block 12 of the license application requires the identification of the classification of the subject defense articles. The accepted classification terms are: TS for Top Secret, S for Secret, C for Confidential, U for Unclassified and R for Restricted. Restricted is only used by foreign governments. If Restricted is identified, then the initials FGI (Foreign Government Information) and the classifying country must be entered after Restricted.

Any submission of an application containing classified information must comply with the marking and packaging requirements of the National Industrial Security Procedures and Operating Manual (NISPOM).

Supporting Docs Must Include Originals, 5 Copies

Per the instructions for completion of the DSP-85, all applications must be submitted with an original and 5 (five) copies of the full application. It is requested that the original not be stapled.

Amendments Via DSP-119

Any amendments in accordance with 22 CFR 123.25(b) will continue to be processed utilizing the DSP-119 form.

Empowered Official Signature May be Copied

The signature required per 22 CFR 126.13 in Block 24 (empowered official signature) does not need to be an original, ink signature. A copied signature is acceptable.

(See ITT's Online Archives or 05/13/11 news, 11051359, for BP summary of DDTC's announcement that it requires DSP-85 submissions via a downloadable and fillable form as of May 13, 2011.

See ITT's Online Archives or 06/27/11 news, 11062766, for BP summary announcing this supplemental guidance.

See ITT's Online Archives or 06/29/11 news, 11062917, for BP summary of DDTC's updated guidance on DSP-61 license applications.)

(Guidance dated 06/21/11)

The DSP-85 form is available here.